Rural Microenterprise Activity on Preserved Farmland

The SADC has adopted amendments at N.J.A.C. 2:76-22.1 through 22.12 and 22.14, and new rules at N.J.A.C. 2:76-22.12 and 22A to implement legislation (P.L. 2015, c. 275) that allows a farmer who owns a qualifying preserved farm to apply for a special permit to conduct a rural microenterprise within certain parameters. Rural microenterprises are certain types of appropriately scaled businesses or activities that are compatible with the agricultural use of the farm. The Act also promotes and incentivizes the preservation of historic and culturally significant agricultural structures.

Courtesy Copy of Proposed Rules

Published Rule Adoption in New Jersey Register (June 4, 2018)

The full text of the Rural Microenterprise rules is available via LexisNexis:
Click "I Agree";
Click the plus sign next to Title 2.Agriculture; (if Titles are not displayed, first click "NJ Administrative Code" under Links box at upper right).
Click the plus sign next to Chapter 76.State Agriculture Development Committee;
Click the plus signs next to Subchapter 22 and 22A for the Rural Microenterprise rules.

Winery Special Occasion Events on Preserved Farmland

The SADC on October 26, 2017 approved for adoption proposed rules at N.J.A.C. 2:76-27 to implement P.L. 2014, c.16 that allows special occasion events to be held at wineries located on preserved farms under certain circumstances.  The  rules formalize existing procedures for implementing the winery pilot program that was established pursuant to the legislation. The rules also establish the standards for verifying compliance with the legislation's income limit, including audit procedures.

The rules became effective on November 20, 2017 on publication in the New Jersey Register. See below for courtesy copies. The official version of the rules is available through LexisNexis.

Courtesy Copy of Proposed Rules

Rule Adoption in New Jersey Register (November 20, 2017)

Agricultural Management Practice for On-Farm Direct Marketing Facilities, Activities and Events; and Revised Right to Farm Procedural Rules

The SADC on January 31, 2014 approved for adoption proposed rules that establish an agricultural management practice (AMP) for On-Farm Direct Marketing Facilities, Activities and Events, N.J.A.C. 2:76-2A.13, and revise the Right to Farm procedural rules, N.J.A.C. 2:76-2.3, 2.4, 2.5, 2.7, 2.8, 2.9 and 2.10.

The AMP establishes performance-based standards for commercial farms seeking to qualify for right-to-farm protection for on-farm direct marketing facilities, activities and events that are used to facilitate and provide for direct farmer-to-consumer sales, such as farm stands, farm stores, community-supported agriculture and pick-your-own operations, and associated activities and events that fit within the scope of the Right to Farm Act. The intent of the AMP is to provide statewide standards on which farmers, municipalities, CADBs and the public can rely, while also providing flexibility to commercial farm owners and operators.

The rule proposal also includes procedural changes to streamline the Right-to-Farm process, i.e., the site-specific agricultural management practice (SSAMP) process and the Right to Farm complaint process. The proposed amendments clarify the roles of CADBs and the SADC in the Right to Farm review process in a manner consistent with the Right to Farm Act. The proposal also includes a new rule, N.J.A.C. 2:76-2.8, to identify hearing requirements for CADBs and the SADC when they are considering SSAMP requests and RTF complaints.

The proposed rules became effective on April 7, 2014, on publication in the New Jersey Register. See below for courtesy copies of the adopted rules. The official version of the rules is available through LexisNexis.

See the following links for more information:

Courtesy Copy of Adopted Rules
- Right to Farm Procedural Rules
- On-Farm Direct Marketing AMP

Rule Adoption in New Jersey Register
(April 7, 2014)

Summary of Public Comments and Changes to Rule Proposal
(approved for adoption on January 31, 2014) 

Rule Proposal

Flow chart highlighting the proposed Right to Farm process rules

Webinar: "Proposed New Rules for On-Farm Direct Marketing
and Amended Right to Farm Procedures"

Webinar follow-up: clarification in response to questions (6/21/13)

Powerpoint presentation -- Part 1 -- Right to Farm Basics and Procedural Changes

Powerpoint presentation -- Part 2 -- On-Farm Direct Marketing AMP

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